Sparks ‘doing a life sentence 15 to 20 days at a time,’ judge says

IONIA COUNTY — On Tuesday in Ionia County 8th Circuit Court, Judge Ronald Schafer declined to grant a motion for the re-sentencing of Andy Sparks, 39, of Easton Township.

Sparks was convicted by a jury of one count of police officer — assault/resist/obstruct. He was sentenced in January to serve three years to the statutory maximum of 15 years with the Michigan Department of Corrections. The charge is a two-year felony; however, with his prior felony convictions Sparks was charged as an habitual offender — fourth offense notice, which enhanced the penalty to up to 15 years.

The charge arose from an incident on May 11, 2016 in North Plains Township involving a Michigan State Police sergeant, according to court documents.

Sparks was not in the courtroom Tuesday. His attorney, Sherrie Guess, argued that, while her client’s habitual offender status gave the court the discretion to impose a maximum sentence of up to 15 years, she believes the record did not indicate that Schafer intended to do this.

“The judgement did not have the 15 year maximum indicated,” Guess told the court. “I believe that entitles Mr. Sparks to be re-sentenced.”

Guess said that the court of appeals will uphold the judgement if the court specifically states it is — or is not — exercising its discretion to impose the statutory maximum sentence. She said she reviewed segments of the court transcript and noted that Schafer did not specifically make such a statement.

“You were surprised the jury convicted him in light of the evidence and the video of his arrest,” she said. “You said it seemed to (you) he didn't deserve to be in prison ... and a jail sentence was appropriate. … I recall the court saying it did not want for (Sparks) to be warehoused.”

Ionia County Assistant Prosecutor Adam Dreher told the court he believed Guess was correct about the confusion, but that the court made several points that the maximum was appropriate.

“But was that the max minimum or the max maximum? The People argued for 47 months,” Dreher said. “The court of appeals remanded (the sentence) for the court to clarify its ruling. The max max remains at the discretion of the court. We would ask that the court follow the court of appeals order, that the court knew it was at its discretion and sentenced (Sparks) to the max max of 15 years.”

Schafer said he is fascinated by motions such as the one before him.

“It reminds all of us how careful we should be when we are putting things on the record,” he said. “Maybe I'm as guilty of anyone else in (not) thinking through what the court is saying at sentencing.”

Schafer told Guess he remembers this case “vividly,” and that the recommended minimum was for 46 months.

“I said I was not going to to follow it, (because) I didn't know that this was a crime that warranted the maximum of the minimum sentence. I’ve seen worse resisting and obstructing,” said Schafer. “I was aware that the max max was discretionary. I apologize for the unartful discussion, (but) the court’s thoughts were on the max minimum, not the max max.”

Schafer said he could have sentenced Sparks to less time on the maximum, however he believes the statutory maximum was warranted in this case, given Sparks’ “substantial” criminal history. Sparks has eight felonies and 29 misdemeanors on his record, according to Schafer.

“He is doing a life sentence 15 to 20 days at a time,” Schafer said. “Mr. Sparks is that classic person we think of when we think of a drunk or substance abuser that riddles our community with a revolving door at jail.”

Schafer noted Sparks had been to prison four times and had been out on parole just 10 months before he committed this offense.

“The court’s thinking was that the max max was appropriate, because he's been a failure in prison, in jail, on probation and on parole,” he said, adding that he wanted to give the MDOC the most time he could for them to reform Sparks. ”He's going to be a tough nut for them to crack. He holds the key to all this. Once he has served the minimum ... his behavior inside will determine if he gets out or serves the max max. That's up to Mr. Sparks.”

Daniel Newman, 27, a prisoner with the Michigan Department of Corrections, was sentenced Tuesday in Circuit Court to serve 14 months to the statutory maximum of five years, consecutive to the sentences he is currently serving. He also must pay costs and fees.

Newman is already serving six sentences with MDOC for first degree criminal sexual conduct, kidnapping, car jacking and armed robbery out of Oakland County, according to the MDOC website. His earliest release date prior to his sentence Tuesday was in 2022.

“You have 27 misconducts while you’ve been incarcerated,” Judge Ronald Schafer told Newman. “If you ever plan to be released, I would think you would want to change your ways.”

Robert Chandler, 40, also an MDOC prisoner, was arraigned on two charges Tuesday in Circuit Court.

Chandler pleaded guilty to two counts of assault of a prison employee. In exchange for his plea, an habitual offender — fourth offense notice will be dismissed and he will be sentenced at the lower end of the guidelines.

He is serving prison sentences for homicide — second degree murder and weapons — felony firearms, both out of Wayne County, according to the MDOC website. His earliest release date prior to his current offense was Jan. 28, 2017.

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